SCOTUS Fails The Test

(CBS)
The Supreme Court offered no happy endings Thursday when it closed out its October 2006 with a whimper disguised as a bang. Well, not so much a whimper as a whispered promise of a whole new generation of lawsuits brought by parents of students who feel they’ve been deprived of some right to attend some school for some reason having to do with race.
The nation’s legal and political communities—not to mention millions of affected parents—watched and waited all term long for some sort of clarity and finality in the area of how far public school officials can go in using racial “components” to determine student bodies. On the last day of its term, the Court instead gave us all more ambiguous standards, more mealy-mouthed phrases, and more uncertainty. It is now significantly more difficult for school administrators to justify policies that include race as a factor in determining admission; but it is not impossible for them to do so. And everyone ought to try to work together toward some sort of diversity in public schools. Got it?
There was the most conservative opinion, which garnered only four votes, the slightly less conservative opinion, which held the field because it included Justice Anthony’s Kennedy’s concurrence, and the least conservative opinions, offered by the tamed lions of the Court’s left. Taken together they portray not just a bitterly divided group of nine smart judges but also a new legal doctrine that is just as muddled as the one it purports to replace...

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